109 Ala. 520 | Ala. | 1895
Our opinion pronounced when this cause was before us on a former appeal (97 Ala. 147) seems to have been, probably, misunderstood. There was then in the record no evidence, as we thought and still think, and so affirmed, to evoke discussion of the duty of railroads to overhaul and repair their cars and machinery when, by their continued use and general condition of wear, it would be suggested to the reasonably diligent and cautious, familiar with such appliances, that safety in operation required them to be overhauled and repaired, if repairs were found needed. The plaintiff, upon whom rested the burden of proof, then offered no evidence whatever of a general condition of the car in question, or length of time it had been in use, which suggested a necessity for an overhauling or inspection of
There is now evidence tending to show that the car in question was one of the oldestin the defendant’s service;
Reversed and remanded.